Seminarkalender
BGB Bauvertragsrecht, Nachträge, VOB/B
VOB/B kompakt – german construction contract law (part 1): Changes to scope of service and remuneration, execution, concerns and hindrances, termination
Termin: 17.07.2024 / 09:00 - 10:30 and 11:00 - 12.30 h – Live Online-Seminar
Preis: upon request
Focus of this VOB/B online seminar
Success in construction projects is highly dependent on the quality of the work performed by construction supervisors and project managers. During the construction phase, mistakes are frequently made with respect to VOB/B application as well as in correspondence, often leading to financial detriment when those mistakes come to light at the end of the construction phase. This seminar aims to illuminate Germany’s most important regulations regarding contract types, contract addenda, and disruptions in construction execution.
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Added value:
You will: experience more legal certainty in contract negotiations; be able to competently address issues such as contract addenda, concerns, and hindrances; and become an effective conflict manager in the event of defects and terminations. You’ll also gain knowledge about the options for securing and enforcing contractual claims and obtain assistance in questions regarding construction practice.
Furthermore, you can submit questions in advance to be answered during the course of the seminar.
Attendees:
Developers, construction businesses, executives, project managers, construction supervisors, architects, engineers, and anyone who is involved in construction
VOB/B online seminar: Topics covered
- Drafting construction contracts in accordance with VOB/B and the German Civil Code
– Basic principles for contract conclusion
– Valid agreement of general terms and conditions
– Impact of business letters of confirmation - Client, representative, architect power of attorney
– Principles of contract interpretation in the event of ambiguities and rules of precedence
– Validity of whole agreement clauses and written formality requirements
– Client rights to modify scope of services under a VOB contract - Scope of services and risk distribution for the various contract types
– Unit price contracts
– Detailed flat price contracts
– Global flat-rate contracts with functional service specification
– Hourly wage contracts - Contract addenda and price adjustments under § 2 VOB/B
– Changes in quantity
– Changes in the construction design and other arrangements
(Acceleration measures)
– Additional services
– Services without a formal order
– Change in the flat price
– Right to refuse performance in cases of dispute over contract addenda - Execution time frames and contract penalties § 5 VOB/B
- Prerequisites for and legal consequences of the communication of concerns
4 (1) and (3) VOB/B - Disruptions to the construction process and interruption to execution § 6 VOB/B
– Content and form in notifications of hindrance
– Legal consequences of construction disruptions
(Contractor claims: additional remuneration, extension to construction time frame, damage compensation / Customer claims: contract penalty, termination, damage compensation) - Termination rights held by client and contractor
- Legal foundations of acceptance under VOB/B and § 640 German Civil Code, § 377 German Commercial Code
– Advantages and disadvantages to the various forms of acceptance
– Refusal of acceptance
– Duty to give notice of defects, § 377 German Commercial Code - Defect claims and defenses § 13 VOB/B and § 634 ff of the German Civil Code
– Defect as a term under 13 (1) VOB/B
– Defect claims before and after acceptance
– Expiration of defect claims under VOB/B and the German Civil Code
– Securing evidence for disputed defects - Provisions regarding measurement and invoicing
– § 14 VOB/B and wage payment
– § 16 VOB/B
– Request for joint measurement
– Maturity of interim invoices and final invoices
– Prerequisites for and consequences of payment default
– „Final payment trap“ under § 16 (3) No. 2 and 5 VOB/B - Securities for the client § 17 VOB/B
– Contract performance and warranty securities
– Substitution via bonds or a blocked account - Security for the contractor’s wage claim
– Security under § 648 a German Civil Code (payment guarantee)
– Security under § 648 German Civil Code (mortgage registration) - Tips for contract drafting and legally compliant correspondence
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